Part 1 General Provisions 58-22-101 – 58-22-103
Part 2 Board 58-22-201
Part 3 Licensure 58-22-301 – 58-22-306
Part 4 License Denial and Discipline 58-22-401
Part 5 Unlawful Conduct – Penalties 58-22-501 – 58-22-503
Part 6 Practice Standards 58-22-601 – 58-22-603

Terms Used In Utah Code > Title 58 > Chapter 22

  • Adjudicative proceeding: means :Utah Code 48-2e-1156
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Bar structure: means a surface or structure on a licensed premises if on or at any place of the surface or structure an alcoholic product is:
    (a) stored; or
    (b) dispensed. See Utah Code 32B-1-102
  • Beer: includes a product that:
    (i) contains alcohol in the percentages described in Subsection (10)(a); and
    (ii) is referred to as:
    (A) beer;
    (B) ale;
    (C) porter;
    (D) stout;
    (E) lager; or
    (F) a malt or malted beverage. See Utah Code 32B-1-102
  • Board: means the Professional Engineers and Professional Land Surveyors Licensing Board created in Section 58-22-201. See Utah Code 58-22-102
  • Building: means a structure which has human occupancy or habitation as its principal purpose, and includes the structural, mechanical, and electrical systems, utility services, and other facilities required for the building, and is otherwise governed by the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. See Utah Code 58-22-102
  • Commission: means the Alcoholic Beverage Control Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Container: means a receptacle that contains an alcoholic product, including:
    (a) a bottle;
    (b) a vessel; or
    (c) a similar item. See Utah Code 32B-1-102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counter: means a surface or structure in a dining area of a licensed premises where seating is provided to a patron for service of food. See Utah Code 32B-1-102
  • Department: means the Department of Alcoholic Beverage Control created in Section 32B-2-203. See Utah Code 32B-1-102
  • Dining area: means an area in the licensed premises of a limited-service restaurant licensee that is primarily used for the service and consumption of food by one or more patrons. See Utah Code 32B-6-302
  • dispense: means :
    (i) drawing an alcoholic product; and
    (ii) using the alcoholic product at the location from which it was drawn to mix or prepare an alcoholic product to be furnished to a patron of the retail licensee. See Utah Code 32B-1-102
  • Dispensing area: means an area in the licensed premises of a limited-service restaurant licensee where a dispensing structure is located and that:
    (i) is physically separated from the dining area and any waiting area by a structure or other barrier that prevents a patron seated in the dining area or a waiting area from viewing the dispensing of alcoholic product;
    (ii) except as provided in Subsection (2)(b), measures at least 10 feet from the dining area and any waiting area to the nearest edge of the dispensing structure; or
    (iii) is physically separated from the dining area and any waiting area by a permanent physical structure that complies with the provisions of Title 15A, State Construction and Fire Codes Act, and, to the extent allowed under Title 15A, State Construction and Fire Codes Act, measures:
    (A) at least 42 inches high; and
    (B) at least 60 inches from the inside edge of the barrier to the nearest edge of the dispensing structure. See Utah Code 32B-6-302
  • Dispensing structure: means a surface or structure on a licensed premises:
    (a) where an alcoholic product is dispensed; or
    (b) from which an alcoholic product is served. See Utah Code 32B-1-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Flavored malt beverage: means a beverage:
    (i) that contains at least . See Utah Code 32B-1-102
  • Fund: means the Professional Engineer, Professional Structural Engineer, and Professional Land Surveyor Education and Enforcement Fund created in Section 58-22-103. See Utah Code 58-22-102
  • Furnish: includes to:
    (i) serve;
    (ii) deliver; or
    (iii) otherwise make available. See Utah Code 32B-1-102
  • Grandfathered bar structure: means a bar structure in a licensed premises of a limited-service restaurant licensee that:
    (i) as of May 11, 2009, has:
    (A) patron seating at the bar structure;
    (B) a partition at one or more locations on the bar structure that is along:
    (I) the width of the bar structure; or
    (II) the length of the bar structure; and
    (C) facilities for the dispensing or storage of an alcoholic product:
    (I) on the portion of the bar structure that is separated by the partition described in Subsection (3)(a)(i)(B); or
    (II) if the partition as described in Subsection (3)(a)(i)(B)(II) is adjacent to the bar structure in a manner visible to a patron sitting at the bar structure;
    (ii) is not operational as of May 12, 2009, if:
    (A) a person applying for a limited-service restaurant license:
    (I) has as of May 12, 2009, a building permit to construct the restaurant;
    (II) is as of May 12, 2009, actively engaged in the construction of the restaurant, as defined by rule made by the commission; and
    (III) is issued the limited-service restaurant license by no later than December 31, 2009; and
    (B) once constructed, the licensed premises has a bar structure described in Subsection (3)(a)(i);
    (iii) as of May 12, 2009, has no patron seating at the bar structure; or
    (iv) is not operational as of May 12, 2009, if:
    (A) a person applying for a limited-service restaurant license:
    (I) has as of May 12, 2009, a building permit to construct the restaurant;
    (II) is as of May 12, 2009, actively engaged in the construction of the restaurant, as defined by rule made by the commission; and
    (III) is issued a limited-service restaurant license by no later than December 31, 2009; and
    (B) once constructed, the licensed premises has a bar structure with no patron seating. See Utah Code 32B-6-302
  • Guest: means an individual who meets the requirements of Subsection 32B-6-407(9). See Utah Code 32B-1-102
  • Heavy beer: means a product that:
    (i) contains more than 4% alcohol by volume; and
    (ii) is obtained by fermentation, infusion, or decoction of malted grain. See Utah Code 32B-1-102
  • Hotel: is a s defined by the commission by rule. See Utah Code 32B-1-102
  • Land: includes :Utah Code 48-2e-1156
  • License: means :
    (a) a retail license;
    (b) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
    (c) a license issued in accordance with Chapter 12, Liquor Warehousing License Act; or
    (d) a license issued in accordance with Chapter 13, Beer Wholesaling License Act. See Utah Code 32B-1-102
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • Limited-service restaurant license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License. See Utah Code 32B-1-102
  • Liquor: includes :
    (A) heavy beer;
    (B) wine; and
    (C) a flavored malt beverage. See Utah Code 32B-1-102
  • Minor: means an individual under the age of 21 years. See Utah Code 32B-1-102
  • NCEES: means the National Council of Examiners for Engineering and Surveying. See Utah Code 58-22-102
  • offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Patron: means an individual to whom food, beverages, or services are sold, offered for sale, or furnished, or who consumes an alcoholic product including:
    (a) a customer;
    (b) a member;
    (c) a guest;
    (d) an attendee of a banquet or event;
    (e) an individual who receives room service;
    (f) a resident of a resort;
    (g) a public customer under a resort spa sublicense, as defined in Section 32B-8-102; or
    (h) an invitee. See Utah Code 32B-1-102
  • Person: means :Utah Code 48-2e-1156
  • practice of professional engineering: means a service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to the service or creative work as consultation, investigation, evaluation, planning, design, and design coordination of engineering works and systems, planning the use of land and water, facility programming, performing engineering surveys and studies, and the review of construction for the purpose of monitoring compliance with drawings and specifications; any of which embraces these services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, and including other professional services as may be necessary to the planning, progress, and completion of any engineering services. See Utah Code 58-22-102
  • practice of structural engineering: means a service or creative work providing structural engineering services for significant structures, including:
    (i) buildings and other structures representing a substantial hazard to human life, which include:
    (A) buildings and other structures whose primary occupancy is public assembly with an occupant load greater than 300;
    (B) buildings and other structures with elementary school, secondary school, or day care facilities with an occupant load greater than 250;
    (C) buildings and other structures with an occupant load greater than 500 for colleges or adult education facilities;
    (D) health care facilities with an occupant load of 50 or more resident patients, but not having surgery or emergency treatment facilities;
    (E) jails and detention facilities with a gross area greater than 3,000 square feet; and
    (F) buildings and other structures with an occupant load greater than 5,000;
    (ii) buildings and other structures designated as essential facilities, including:
    (A) hospitals and other health care facilities having surgery or emergency treatment facilities with a gross area greater than 3,000 square feet;
    (B) fire, rescue, and police stations and emergency vehicle garages with a mean height greater than 24 feet or a gross area greater than 5,000 square feet;
    (C) designated earthquake, hurricane, or other emergency shelters with a gross area greater than 3,000 square feet;
    (D) designated emergency preparedness, communication, and operation centers and other buildings required for emergency response with a mean height more than 24 feet or a gross area greater than 5,000 square feet;
    (E) power-generating stations and other public utility facilities required as emergency backup facilities with a gross area greater than 3,000 square feet;
    (F) structures with a mean height more than 24 feet or a gross area greater than 5,000 square feet containing highly toxic materials as defined by the division by rule, where the quantity of the material exceeds the maximum allowable quantities set by the division by rule; and
    (G) aviation control towers, air traffic control centers, and emergency aircraft hangars at commercial service and cargo air services airports as defined by the Federal Aviation Administration with a mean height greater than 35 feet or a gross area greater than 20,000 square feet; and
    (iii) buildings and other structures requiring special consideration, including:
    (A) structures or buildings that are normally occupied by human beings and are five stories or more in height;
    (B) structures or buildings that are normally occupied by human beings and have an average roof height more than 60 feet above the average ground level measured at the perimeter of the structure; and
    (C) buildings that are over 200,000 aggregate gross square feet in area. See Utah Code 58-22-102
  • Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal: means a licensed professional engineer, professional structural engineer, or professional land surveyor having responsible charge of an organization's professional engineering, professional structural engineering, or professional land surveying practice. See Utah Code 58-22-102
  • Private event: means a specific social, business, or recreational event:
    (i) for which an entire room, area, or hall is leased or rented in advance by an identified group; and
    (ii) that is limited in attendance to people who are specifically designated and their guests. See Utah Code 32B-1-102
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 48-2e-1156
  • Professional engineer: means a person licensed under this chapter as a professional engineer. See Utah Code 58-22-102
  • Professional land surveyor: means an individual licensed under this chapter as a professional land surveyor. See Utah Code 58-22-102
  • Professional structural engineer: means a person licensed under this chapter as a professional structural engineer. See Utah Code 58-22-102
  • Property: includes both real and personal property. See Utah Code 48-2e-1156
  • Record: includes :
    (i) a book;
    (ii) a book of account;
    (iii) a paper;
    (iv) a contract;
    (v) an agreement;
    (vi) a document; or
    (vii) a recording in any medium. See Utah Code 32B-1-102
  • Restaurant: means a business location:
    (a) at which a variety of foods are prepared;
    (b) at which complete meals are served; and
    (c) that is engaged primarily in serving meals. See Utah Code 32B-1-102
  • Seating grandfathered bar structure: means :
    (a) a grandfathered bar structure described in Subsection (3)(a)(i) or (ii); or
    (b) a bar structure grandfathered under Section 32B-6-409. See Utah Code 32B-6-302
  • Serve: means to place an alcoholic product before an individual. See Utah Code 32B-1-102
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Spirituous liquor: includes an alcoholic product defined as a "distilled spirit" by 27 U. See Utah Code 32B-1-102
  • Staff: includes :
    (i) an officer;
    (ii) a director;
    (iii) an employee;
    (iv) personnel management;
    (v) an agent of the licensee, including a managing agent;
    (vi) an operator; or
    (vii) a representative. See Utah Code 32B-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
  • Storage area: means an area on licensed premises where the licensee stores an alcoholic product. See Utah Code 32B-1-102
  • Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
  • Structure: means that which is built or constructed, an edifice or building of any kind, or a piece of work artificially built up or composed of parts joined together in a definite manner, and as otherwise governed by the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. See Utah Code 58-22-102
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Translucent: means a substance that allows light to pass through, but does not allow an object or person to be seen through the substance. See Utah Code 32B-1-102
  • Waiting area: includes a lobby. See Utah Code 32B-6-302
  • Wine: includes :
    (i) an alcoholic beverage defined as wine under 27 U. See Utah Code 32B-1-102
  • Writing: includes :Utah Code 48-2e-1156
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